Supreme Court can depart from previous decisions where necessary – Justice Sophia Essah

Appearing before Parliament’s Appointments Committee, Justice Bernasko Essah said although decisions of the Supreme Court provide certainty, stability and predictability in the legal system, the court should not be bound indefinitely by a precedent that has produced an unjust or legally untenable outcome.

Supreme Court nominee Justice Sophia Rosetta Bernasko Essah has said the apex court has the authority to depart from its previous decisions where doing so is necessary to prevent injustice or correct an error in the law.

She said where the Supreme Court chooses to depart from an earlier position, it must provide compelling reasons for doing so and clearly set out the new legal position.